Ayer Board of Selectmen strips Maxant of vice chairmanship

By Mary E. Arata, marata@nashobapub.com

Updated:
03/07/2013 06:33:45 AM EST

AYER -- Selectmen stripped colleague Frank Maxant of the vice chairman title in a 4-1 vote Tuesday night, saying he violated board policy by using his title in a complaint to the Attorney General's Office.

The board had scheduled an executive session for the meeting to discuss "pending litigation," which is legal under the state's Open Meeting Law. Maxant, in an email to colleagues on Friday, said there was no lawsuit pending, and therefore Tuesday's session would be illegal.

Maxant accused his colleagues of violating the meeting law last year, because they met with Building Inspector Gabe Vellante about several properties that had been targeted for code enforcement.

On Friday, Maxant sent an email to Town Administrator Robert Pontbriand, his landlord Hugh Ernisse (targeted by the board for enforcement actions on his two Ayer properties), and Nashoba Publishing, complaining about the proposed meeting and accusing members of "elder abuse." He followed that on Sunday with an email to the attorney general, asking if the office could "head this off at the pass?"

"My colleagues' intent is to scheme ways to deny these targets the quiet enjoyment of their properties. The motivation is some neighbors' opinions about the properties' appearance," said Maxant. "The new target is a farmer in his 70's operating a pig farm alone, with a new housing development on the hillside above.

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Ernisse's initial email angered Selectman Christopher Hillman, who wrote: "It only seems to be a problem when we are talking about your boyfriend Ernisse."

Hillman then accused Maxant of violating executive-session rules by sharing the town attorney's interpretation of a new sex-offender residency law, which had only been discussed in closed session. And Hillman alleged Maxant has a conflict of interest in sitting in on matters relating to Ernisse. "Who do you represent again?" he wrote.

Hillman told Maxant to invite property owners for Tuesday's board meeting "and tell them to bring their A game because you have not even come close to seeing mine!"

Due to a reported scheduling conflict with town counsel, the selectmen did not discuss "litigation strategy."

In open session, Fay suggested that Maxant's use of his official signature in the attorney general email violated the board's policy, stating that a member "should not make any representation to anyone on behalf of the board unless and until the board takes an official position on the matter."

Fay also alleged Maxant violated a separate selectmen's policy to "uphold the intent of executive session and respect the privileged communication that exists in executive session." In doing so, Fay alleged Maxant has "shown himself to be unworthy of the position of vice chairman."

Maxant maintained he could use the signature, and argued it is clear that he was complaining to the state as an individual.

Selectman Pauline Conley said she was "offended" by Maxant's allegation that the board intended to meet behind closed doors and victimize senior citizen property owners.

Board members voted to remove Maxant as vice chairmen, with Maxant dissenting. Fay sought a nomination for a new vice chair. Maxant nominated Conley, who was approved unanimously.

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